A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 5, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, October 5, 2010 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Ellie McDonald, Deputy Clerk. Commr. Renick was absent.
INVOCATION and pledge
Dr. Don Pratt from the Lake Church gave the Invocation and led the Pledge of Allegiance.
Mr. Sandy Minkoff, County Manager, stated that there was an Addendum to his business which was a request to apply for a Criminal Justice and Mental Health and Substance Abuse Grant from the Florida Department of Children and Families on behalf of Lifestream.
Ms. Melanie Marsh, Acting County Attorney, requested a Closed Session to be added under her business.
On a motion by Commr. Conner, seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board approved an addition to the Agenda for a Closed Session to be added to the County Attorney’s business.
Commr. Cadwell requested an addition to the Agenda under his business to include the Schedule of the Value Adjustment Board to move back the mailing by the Tax Collector.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved an addition to the Agenda of the Schedule of the Value Adjustment Board to move back the mailing by the Tax Collector.
Commr. Cadwell requested that a letter of support be extended to Community Health Centers, Inc., for their comprehensive medical, dental and pharmaceutical services focused on improving health outcomes, increasing access and reducing health disparities and asked that this item be placed on the Agenda.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved placing a request for a letter of support to Community Health Centers, Inc.
CITIZEN QUESTION AND COMMENT PERIOD
The Chairman opened the floor for citizen question and comment.
Mr. Egor Emory, President of Lake County Conservation Council, Lake County’s oldest environmental group, and a not-for-profit organization asked that the Board make a correction to the current advertisement for a position on the Impact Fee Committee. He stated that they had received a letter from the Chairman in July asking them to forward a nominee for the Impact Fee Committee. He remarked that the nominee they submitted was Ms. Lucille Espey-Francis. He remarked that the ad continues to run stating that Lake County is seeking a representative for the Lake County Conservation Council and requested that the record show that they had already submitted a nomination for that position.
There being no one else who wished to address the Board, the Chairman closed the floor for comments.
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board approved the Minutes of November 18, 2008 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Village Center Development District Budget for Fiscal Year 2010/2011
Request to acknowledge receipt of the adopted budget for the Village Center Development District for Fiscal Year 2010/2011.
Country Club of Mount Dora Community Development District Public Hearings for Fiscal Year 2011
Request to acknowledge receipt of notice of public hearings of the Country Club of Mount Dora Community Development District for Fiscal Year 2011 at 8:30 a.m. at the Country Club of Mount Dora Community Center, 1400 Country Club Boulevard, Mount Dora, Florida on the second Thursday of the following months:
November 4, 2010
February 3, 2011
August 4, 2011
Deer Island Community Development District Public Hearings for Fiscal Year 2011
Request to acknowledge receipt of notice of public meetings of Deer Island Community Development District for Fiscal Year 2011 on the third Monday of the month at 6:00 P.M. at the Clubhouse, 18000 Eagles Way, Deer Island, Florida on the following dates:
November 8, 2010 – Landowners’ Meeting
May 16, 2011
August 15, 2011
county manager’s consent agenda
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Items 2 through 20, and the Addendum as follows:
Conservation and Compliance
Request to approve Satisfaction & Release of Lien, Owners Name: Kenneth C. & Brenda A. Walburn, Fiscal impact is $100.00.
Request to amend the current Lake County Probation Fee Schedule to reflect an increase in administrative fee per case, per PTI case, monthly cost of supervision, GPS Monitoring, and Substance Abuse testing fee. The increases would become effective November 1, 2010 to offset Probation Division operating costs and to adopt Resolution No. 2010-119 amending the Fee Schedule for Fiscal Year 2010-11. (Fiscal Impact is estimated at $40,000.)
Request to apply for a Criminal Justice Mental Health and Substance Abuse grant from the Florida Department of Children and Families.
Request for authorization to fill Animal Shelter Technician position in Conservation and Compliance /Animal Services Division. (Fiscal impact is $32,492.00.)
Request for authorization to fill former full-time Public Hearing Coordinator position as a part-time Public Hearing Coordinator position in Growth Management/Planning & Community Design Division. (Fiscal impact is $19,752.00.)
Economic Development and Community Service
Request to approve and authorize the Chairman of the Board of County Commissioners to sign the contract between Lake County and LifeStream Behavioral Center, Inc. to provide community alcohol and mental health services and programs to the citizens of Lake County. The fiscal impact is $919,986.00.
Request to approve and authorize the Chairman of the Board of County Commissioners to sign the contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department. The contract is effective 10/1/10 through 9/30/11. The fiscal impact is $378,750.00.
Request to approve and authorize the Chairman of the Board of County Commissioners to sign the agreement between Lake County and We Care of Lake County, Inc. for operation of the Lake County We Care program effective 10/1/10 through 9/30/11. The fiscal impact is $75,000.00.
Request for approval to designate LifeStream Behavioral Center as the approved drug abuse treatment/education program recipient for FY 2010/2011 using funds collected totaling $20,000 (projected amount) per Ordinance No. 2001-90 from 10/01/10 through 9/30/11 and authorize the Board Chair to sign the subsequent contract and other related documents. The fiscal impact is projected to be $20,000.
Request to approve and sign the second amendment for hospital/medical services for correctional facility inmates between Lake County and Central Florida Health Alliance (Leesburg Regional Medical Center). Fiscal impact will vary depending on the nature and prevalence of necessary inmate hospital/medical services.
Request to approve the annual SHIP report for past years housing activities and funding. Request for Chairperson's signature on certification.
Fiscal and Administrative Services
Request to approve "piggybacking" the State of Florida Contract ITN# 15-973-163-X for Fuel Card Services to Wright Express Financial Services Corporation and authorize the Procurement Services Director to execute related implementing documents. Fiscal Impact $1,200,000.00 (Estimated)
Request from Fiscal and Administrative Services to approve Check Request (Direct Pay) for Florida Association of Counties membership dues. Fiscal impact is $26,694.00.
Request to approve and sign the revised policy LCC-45, Lake County Library System Internet Access Policy.
Request to acknowledge receipt of the Lake County Community Wildfire Protection Plan (CWPP) as written by the Florida Division of Forestry. This plan will formally recognize hazardous fuels reduction and wildfire prevention activities that can assist federal, state and local officials reduce Lake County’s vulnerability to wildfires.
Request to approve and execute a purchase agreement with Mitigation Marketing LLC for mitigation credits associated with the CR466A Road Project in the amount of $12,000.
Request for authorization to release a letter of credit for maintenance in the amount of $173,172.10 posted for Vista Grande Phase I. Vista Grande Phase I consists of 154 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2. There is no fiscal impact.
Request for authorization to release a letter of credit for maintenance in the amount of $77,187.72 posted for Vista Grande Phase II. Vista Grande Phase II consists of 35 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2. (There is no fiscal impact)
Request for authorization to release a letter of credit for maintenance in the amount of $41,000 posted for Vista Grande Phase III. Vista Grande Phase III consists of 42 lots and is located in Section 13, Township 23 South, Range 25 East. Commission District 2. (There is no fiscal impact)
Request from Public Works for authorization to award #1350 Citrus Tower Blvd Intersection with #1248 Steve’s Road Project No. 2010-23, Bid No. 10-0047, to Traffic Control Devices, Inc. in the amount of $224,140.00, and encumber and expend funds in the amount of $224,140.00 from the Fed/State Grants/LAP & ARRA – Infrastructure - Construction Fund. Commission District 2. (Fiscal impact is $224,140.00)
county attorney’s consent agenda
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved the County Attorney’s Consent Agenda, Tab 21 as follows:
Request for approval and execution of the First Amendment to Financial Advisory Agreement between Lake County and First Southwest Company (RFP 09-0004). Fiscal Impact - savings of approximately $10,000.00 to $12,000.00 per year for the General Fund.
Ms. Susan Irby, Employee Services Director, presented the following employee awards, commenting briefly about each employee’s service to the County:
Natali Trejo, Office Associate II
Public Works/Road Operations/Maintenance Area I (Leesburg)
Marcia Rushing, Senior Library Assistant
Public Resources/Library Services/Mario Baysinger Memorial Library
Mr. Sean Shields, representing Florida’s Blood Centers, local not-for-profit blood centers in Lake, Marion and Sumter counties and serve Leesburg Regional in The Villages stated that they had partnered with the Van Duzer Foundation along with local governments in the areas they serve to establish “Be a Hero Month” in November where each region will have a “Be a Hero Day.” He commented that there would be ongoing events during that time which will end November 12, 2010. He stated that he would provide more details as they become available. He explained that they wished to bring more awareness to the community on the importance of having reliable blood supplies throughout the year. He mentioned that during the holidays when many people are traveling there are more accidents and fewer donors. He expressed appreciation to the Board for allowing them to be present today to witness the reading and presentation of the Proclamation.
Commr. Cadwell read the portion of the Proclamation whereby it proclaimed November 2010 as “Be a Hero Month” with November 10, 2010, being designated as “Be a Hero Day” in Lake County to encourage, promote and support the efforts for these events within the community. He stated that Lake County urged its citizens to participate and donate blood for the benefit of those in need.
Mr. Minkoff informed the Board that they have arranged for the Blood Mobile to park at the Judicial Center in a separate parking area every three months or so during the year.
Mr. Tom Merchant, Library Services Director stated that the public hearing this morning was regarding Library Impact Fee applications and agreements. He explained that each year the Lake County Library System reviews applications from the member libraries for Library Impact Fees for the purpose of expanding their facilities and services. He noted that there were two applications this year, the first of which was from Howey-in-the-Hills to expand their library into a part of the building that they have not previously been able to occupy, and the second from the City of Tavares for planning and design. He remarked that they were looking forward to the day when the City of Tavares could vacate the current Civic Center once a new Civic Center was created on the waterfront. He mentioned that a public hearing is held for this purpose so that any of the member cities who might wish to comment on the applications would have an opportunity to do so.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing and reserved comment to the Board.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved the Interlocal Agreements with the City of Tavares and the Town of Howey-in-the-Hills to award impact fees for the expansion of their municipal libraries.
county manager’s departmental business
Mr. Jerry Smith, Lake County Emergency Management Director, addressed the Board stating that they had partnered with the Astor Chamber of Commerce to apply for a Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation Grant on behalf of the Baptist Church of Astor who has a Community Center. He explained that as a not-for-profit organization, the church is allowed to receive the funds, but are not allowed to apply for same. He commented that if the grant was approved and provided to Astor, it would provide a facility that would accommodate up to 500 people for an impact shelter space in the Astor area and that the Board would not incur any expense from the General Fund. He remarked that the closest impact shelter they have at this time is in Umatilla and that they were working with the School Board in an attempt to get something closer. He commented that another advantage for the Astor area was that they would be able to submit their application under the physically constrained area where they will only have to provide 10% which is typically is 25% which will amount to approximately $60,000 which they would be able to contribute without any assistance. He stated that if approved and constructed, it would be the strongest building in Lake County being built to withstand a 200 mph wind load as it must be constructed under FEMA guidelines and requirements.
A discussion ensued regarding the federal guidelines for wind load of 200 mph for shelter space. Mr. Smith noted that they would not be building the Emergency Operations Center (EOC) as shelter space. He explained that the high wind load is due to the tornado effects in the mid-west, noting that FEMA had devised a National standard for shelter space of 200 mph wind load.
Commr. Conner stated that the higher the wind load the higher the existential costs and questioned if they would be increasing the cost of the project unnecessarily.
Mr. Smith responded by stating that a 200 mph wind load is very high ant that they may very well be increasing the cost unnecessarily. He noted that the State of Florida is on record with FEMA refusing to build its shelters to that level which is the reason the enhanced hurricane protection areas in the schools are built 50 mph over the building code. He noted that because it was a completely Federal grant and no State dollars would be involved, it must be built to Federal guidelines.
Commr. Hill moved for approval of the request for the grant application which was seconded by Commr. Stewart.
Under discussion, Commr. Conner questioned whether or not the City of Tavares was building an Emergency Operations Center (EOC) and that Alan Grayson had advertised that they were and was concerned about duplication of services.
Mr. Smith responded that he was not involved in any discussions with the City.
Mr. Minkoff stated that Tavares is trying to relocate their police and fire departments to its Public Safety building and he thought that was the project Grayson was referring to. He stated that Mr. John Drury, Tavares City Manager, indicated to the County that he has a grant for that building.
Mr. Smith noted that the City is a separate jurisdiction and that would be no different from the City of Leesburg, Eustis or Clermont having their own EOC to function and operate within their municipality.
Commr. Conner suggested that it was Mr. Smith’s position that every city needs an EOC.
Mr. Smith stated that it was his position that they need to have some type of facility to perform EOC functions.
Commr. Conner commented that he thought one of the points selling the Commission on the EOC was that they would be eliminating the duplication of services.
Mr. Smith stated that they were eliminating the communication duplication. He explained that the EOC is a single function.
The Chairman stated that there was a motion and a second on the floor and asked for any further discussion. He asked for a vote on the motion which carried unanimously by a 4-1 vote whereby the Board approved the request to allow the County Manager to sign a grant application for a FEMA grant award not to exceed $540,000 from the FEMA Pre-Disaster Hazard Mitigation Grant Program (PDM), which will have no negative fiscal impact on the County’s General Fund.
reports – county ATTORNEY
Ms. Melanie Marsh, County Attorney, requested a Closed Session for Board Meeting of October 19, 2010, at 10:00 a.m.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 4-0 vote, the Board approved a Closed Session on October 19, 2010, at 10:00 a.m.
REPORTS – COUNTY MANAGER
Mr. Minkoff, County Manager, reminded the Board that a great deal of staff effort had been put into preparing the twenty-four Agenda items at today’s meeting and noted that they had gone through it without a lot of questions. He commended the staff for doing a great job.
REPORTS – COMMISSIONER CONNER
Commr. Conner reported that he had made a site-visit to the Children’s Advocacy Council in Leesburg. He stated that Ms. Donna Richey, Assistant Director, provided an excellent tour and encouraged everyone to visit the facility. He commented that he was made aware of specific services they provided and stated that there was a great need for the Council.
Commr. Hill remarked that she appreciated Commr. Conner’s comments stating that they had worked hard with Tallahassee to keep their medical team at the site so the children did not have to travel to Tallahassee and Gainesville for examinations. She explained that the project had been a community support function.
Commr. Conner stated that it was a credit to the other Commissioners who had the building constructed for that specific purpose.
REPORTS – COMMISSIONER STEWART
impact fee committee
Commr. Stewart requested a discussion on Mr. Emory’s remarks and asked if any other conservation groups offered a candidate for the Impact Fee Committee.
Commr. Cadwell stated that he was unaware of any other candidate.
Mr. Minkoff stated that a new advertisement had been sent out and the matter would be brought back as an agenda item shortly.
REPORTS – COMMISSIONER CADWELL
EXTENDING TAX ROLL FOR TAX YEAR 2010
Commr. Conner requested that the Board extend the Tax Roll for the 2010 Tax Year due to the Value Adjustment Board hearings.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a 4-0- vote, the Board approved the extension of the Tax Roll for the 2010 Tax Year due to the Value Adjustment Board Hearings.
LETTER OF SUPPORT FOR COMMUNITY HEALTH CENTERS
Commr. Cadwell requested that the Board approve a letter of support to Ms. Tanya Stewart, Chief Executive Officer, Community Health Centers, Inc. for her comprehensive medical, dental and pharmaceutical services which focus on improving health outcomes, increasing access and reducing health disparities.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved a letter of support to Ms. Tanya Stewart, Chief Executive Officer, Community Health Centers for comprehensive medical, dental and pharmaceutical services focused on improving health outcomes, increasing access and reducing health disparities.
reports – commissioner conner, (Continued)
Commr. Conner remarked that the Sheriff’s Office had been very proactive on many issues in our community and commended them for the great job being done in Lake County.
Commr. Stewart opined that Lake County has an outstanding Sheriff’s Department, which was one reason that this Commission honors the Sheriff’s request for his budget. She noted that he spends his money wisely and does a great job. She commended the Sheriff’s Department and commended this Commission for backing his budget.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:30 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK